His second question states: If a man divorces his wife with a divorce in accordance with the Sunnah, with only one pronouncement, and does not take her back during the waiting period, but desires to return to her, knowing that she is the mother of his child, is that permissible for him, given that the divorce occurred more than a year ago? How is that possible?
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The questioner : His second question states: If a man divorces his wife with a divorce in accordance with the Sunnah, with only one pronouncement, and does not take her back during the waiting period, but desires to return to her, knowing that she is the mother of his child, is that permissible for him, given that the divorce occurred more than a year ago? How is that possible?
The Shaykh : If a man divorces his wife with a divorce in accordance with the Sunnah, and he had not previously divorced her twice before that, and her waiting period has ended, then she becomes lawful for him. However, she does not become lawful for him except through a new contract in which all the conditions of the contract are fulfilled, as if he were marrying her anew. Therefore, a guardian is required, and all the known conditions of the marriage contract are required.
As for the case where this pronouncement is the third of three pronouncements, then she does not become lawful for him until she marries another husband, and that new husband divorces her, and her waiting period ends. It is necessary that the marriage of the new husband be a marriage of desire. If it is a marriage of dissolution to make her lawful for the first husband, then it is a defective and invalid marriage, and it does not make her lawful for her first husband.
The questioner : Yes.
The Shaykh : Yes.
The questioner : May Allah bless you.
This questioner is Mudhtah Ahmad Mahmoud 'Amara, an Egyptian residing in Germany, who sent a message containing three questions.
The Shaykh : If a man divorces his wife with a divorce in accordance with the Sunnah, and he had not previously divorced her twice before that, and her waiting period has ended, then she becomes lawful for him. However, she does not become lawful for him except through a new contract in which all the conditions of the contract are fulfilled, as if he were marrying her anew. Therefore, a guardian is required, and all the known conditions of the marriage contract are required.
As for the case where this pronouncement is the third of three pronouncements, then she does not become lawful for him until she marries another husband, and that new husband divorces her, and her waiting period ends. It is necessary that the marriage of the new husband be a marriage of desire. If it is a marriage of dissolution to make her lawful for the first husband, then it is a defective and invalid marriage, and it does not make her lawful for her first husband.
The questioner : Yes.
The Shaykh : Yes.
The questioner : May Allah bless you.
This questioner is Mudhtah Ahmad Mahmoud 'Amara, an Egyptian residing in Germany, who sent a message containing three questions.